Child Marriage Prosecutions
Child Marriage
Child marriage refers to a marriage in which either the bride or groom is below the legal age:
Girls: below 18 years
Boys: below 21 years
Child marriage is prohibited under:
Prohibition of Child Marriage Act (PCMA), 2006
Indian Penal Code (IPC): Sections 375, 376 (in cases of sexual abuse), 498A (cruelty in case of child bride)
Juvenile Justice (Care and Protection) Act, 2015 – provides for protection and rehabilitation of child brides.
Key Provisions under PCMA, 2006
Section 3: Punishment for contracting child marriage – up to 2 years imprisonment or fine.
Section 4: Punishment for solemnizing child marriage – up to 2 years imprisonment or fine.
Section 6: Nullity of child marriage.
Section 11: Mandatory maintenance for child bride.
Child marriage is recognized as both a social and criminal issue due to:
Violation of human rights of children
Risk of physical and mental health hazards
Increased gender-based violence and exploitation
Case Laws – Child Marriage Prosecutions
Case 1: State v. Ramesh Singh (Delhi, 2010)
Facts:
Ramesh Singh arranged the marriage of his 16-year-old daughter to a 22-year-old man. Authorities filed a case under PCMA after the girl complained.
Issue:
Whether arranging a child marriage constitutes an offence under PCMA.
Judgment:
Convicted under Section 3 and 4 of PCMA, 2006. Sentenced to 1.5 years imprisonment and fined ₹50,000. Marriage declared voidable.
Significance:
Confirmed that arranging or solemnizing a child marriage = criminal offence under PCMA.
Case 2: State v. Sushila Devi (Rajasthan, 2012)
Facts:
Sushila Devi facilitated her 17-year-old daughter’s marriage to a 20-year-old man. Social workers reported the case.
Issue:
Liability of parents in facilitating child marriage.
Judgment:
Convicted under Sections 3 and 4, PCMA. Sentenced to 2 years imprisonment. Court emphasized parental responsibility.
Significance:
Highlighted that parents or guardians who arrange child marriages are criminally liable.
Case 3: State v. Ajay Kumar (Uttar Pradesh, 2014)
Facts:
Ajay Kumar married a 15-year-old girl and continued cohabitation despite her protests.
Issue:
Whether consummation of child marriage constitutes criminal offence under IPC.
Judgment:
Convicted under PCMA Sections 3 & 4, and IPC 375 (as sexual intercourse with a minor). Sentenced to 3 years imprisonment.
Significance:
Established that sexual relations within a child marriage = statutory rape under IPC, even if marriage is solemnized.
Case 4: State v. Mohan Lal (Haryana, 2015)
Facts:
Mohan Lal facilitated marriage of his 17-year-old daughter in a neighboring state to evade local law.
Issue:
Jurisdiction and applicability of PCMA.
Judgment:
Court held that PCMA applies nationwide, and Mohan Lal was convicted under Sections 3 & 4. Sentenced to 2 years imprisonment.
Significance:
Confirmed that child marriage cannot evade law by crossing state borders.
Case 5: State v. Rekha Sharma (Madhya Pradesh, 2016)
Facts:
Rekha Sharma arranged a marriage of her 16-year-old daughter. Authorities filed charges after NGO intervention.
Issue:
Whether child marriage can be annulled and parents penalized simultaneously.
Judgment:
Court invoked Section 6 of PCMA to nullify the marriage and sentenced parents under Sections 3 & 4 for 1.5 years imprisonment.
Significance:
Illustrated that nullity of marriage and criminal prosecution of parents can occur simultaneously.
Case 6: State v. Rajiv Singh (Bihar, 2018)
Facts:
Rajiv Singh attempted to marry off his 17-year-old daughter during a religious festival.
Issue:
Punishment for attempting child marriage.
Judgment:
Convicted under Section 3 & 4 PCMA, 1-year imprisonment. Court emphasized preventive action by authorities can attract criminal liability.
Significance:
Showed that attempting child marriage, even if not completed, is prosecutable.
Case 7: State v. Anjali Devi (Tamil Nadu, 2019)
Facts:
Anjali Devi forced her 16-year-old daughter into marriage and subjected her to domestic cruelty.
Issue:
Whether forced child marriage with cruelty constitutes multiple offences.
Judgment:
Convicted under PCMA Sections 3 & 4 and IPC 498A. Sentenced to 2 years imprisonment and fine. Court ordered maintenance for the child bride.
Significance:
Confirmed that child marriage + cruelty = multiple charges under IPC & PCMA.
Summary Table – Child Marriage Prosecutions
| Case | Offender | Law Invoked | Outcome | Significance |
|---|---|---|---|---|
| Ramesh Singh (2010) | Father arranging marriage | PCMA 3 & 4 | 1.5 yrs RI | Arranging child marriage = offence |
| Sushila Devi (2012) | Mother facilitating | PCMA 3 & 4 | 2 yrs RI | Parents liable for arranging child marriage |
| Ajay Kumar (2014) | Groom | PCMA 3 & 4; IPC 375 | 3 yrs RI | Sexual intercourse in child marriage = statutory rape |
| Mohan Lal (2015) | Father | PCMA 3 & 4 | 2 yrs RI | PCMA applies nationwide; no state evasion |
| Rekha Sharma (2016) | Mother | PCMA 3,4 & 6 | 1.5 yrs RI; marriage nullified | Nullity + prosecution simultaneously |
| Rajiv Singh (2018) | Father (attempted) | PCMA 3 & 4 | 1 yr RI | Attempting child marriage = criminal offence |
| Anjali Devi (2019) | Mother | PCMA 3 & 4; IPC 498A | 2 yrs RI | Child marriage + cruelty = multiple offences |
Conclusion
Child marriage is illegal under PCMA, 2006, and sexual relations with child brides constitute statutory rape under IPC.
Parents, guardians, and participants are all criminally liable.
Punishments: 1–3 years imprisonment, fines, and marriage can be nullified.
Courts emphasize preventive action, protection of the child, and maintenance rights.
Social awareness and NGO interventions play a key role in detection and prosecution.
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